HomeMy WebLinkAbout2006/11/21 Item 6
COUNCIL AGENDA STATEMENT
Item 1.0
Meeting Date: 11/14/06
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN
INFORMATION MANAGEMENT, INe. FOR THE LONG-TERM
STORAGE OF CITY RECORDS .
/JI
Susan Bigelow, MMC, City Clerk
Jim Thomson, Interim City Manager .f (4/5ths Vote: Yes_No-X-)
ITEM TITLE:
REVIEWED BY:
Adoption of the resolution approves a contract for the long-term storage and related records
management services for the City's inactive and permanent records.
RECOMMENDATION:
Council adopt the resolution.
DISCUSSION:
The City Clerk's Office manages the storage and retrieval of permanent and inactive records for
all departments. We also oversee the annual destruction of inactive records that have met their
retention requirements. Currently, there are approximately 6,000 cartons of stored records of
various types, including paper files, microfiche, maps, plans, and so forth. Due to the City's
rapid growth, the number of records generated, and, thus, the number of records stored, continues
to grow, from approximately 1,500 cartons in 2000 to the current number. There is a need for a
viable long-term records storage solution, as well as an immediate solution to accommodate
departments that are reviewing and sending records to storage in light of the moves to different
offices.
Originally, the Civic Center renovation was to include a permanent records storage center in the
basement of the former police facility. A temporary "warehouse" facility for the records was
provided at the Corporation Yard, and City Clerk staff made daily trips to the Corporation Yard
delivering and retrieving cartons. The Corporation Yard facility, however, was not suitable for
long-term storage; and as the Civic Center plans developed, it became clear that there would not
be space for a permanent records center. A permanent, City-operated records center would have
been ideal since the City's records would have been located in close proximity to City Hall,
facilitating storage and retrieval, and would have given complete control over the handling and
protection of those records. However, since that could not occur, the alternative was to send the
records to a company providing records storage and related records management services, such as
retrieval, delivery and destruction.
In 2003, the records were transferred from the Corporation Yard to such a company, one of only
two in San Diego County. Over the course of the past two years, serious concerns have arisen
about the handling of the City's records and it is now necessary to transfer to records to the other
6-1
records storage company, Iron Mountain Information Management, Inc. A formal bid procedure
was not followed because there are only two local, viable alternatives. Iron Mountain has agreed
to coordinate the pickup, indexing and transfer of the records from the current storage provider to
its own facility at no cost to the City. The City Clerk and City Attorney are negotiating the cost
to permanently withdraw the City's records from the current storage provider, and the cost could
potentially be as high as $20,000. Depending on the results of the negotiations, Staff may need
to return with a request for an appropriation from the general fun.d in a few months.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and, consequently, the 500-foot rule found in California Code of Regulations Section
I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMP ACT
The annual cost for storage and related records management services is between $20,000 and
$25,000 annually. Funds for the ongoing storage of records is currently included in the City
Clerk's operating budget. A future appropriation may be required for the permanent withdrawal
ofrecords from the current storage provider.
6-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH IRON
MOUNTAIN INFORMATION MANAGEMENT, INC. FOR
THE LONG-TERM STORAGE OF CITY RECORDS
WHEREAS, the City Council wishes to provide safe and long-term storage for the City's
permanent and inactive records; and
WHEREAS, Iron Mountain Information Management, Inc. has agreed to safely store and
protect the City's important records, as well as provide other records management services, such
as retrieval and timely delivery of records upon the City's request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a contract with Iron Mountain Information Management, Inc. for such
servIces.
Presented by
Approved as to form by
Susan Bigelow, City Clerk
6-3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ 1rtJr~~
Ann Moore I -
CIty Attorney
Dated:
Agreement betwe the City of Chula Vista
And Iron Mountain Information Management System for
Records Storage and Management Services
6-4
PARTIES AND RECITAL PAGE(S)
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
This agreement ("Agreement"), dated , for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhihit A, Paragraph I is hetween the City of Chula Vista (City), and Iron Mountain
Information Management Systems (Iron Mountain), and is made with reference to the following
facts:
RECITALS
Whereas, City is required by law to preserve documents that involve the business of the
City and,
Whereas, these documents require a significant amount of storage space and such space
is no longer available on City property and the documents require special handling to ensure
documents are not lost or destroyed; and,
Whereas, stored documents must be readily available and retrievable when requests for
documents are made; and
Whereas, Iron Mountain warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Iron Mountain
to City within the time frames provided in this Agreement and in accordance with the terms and
conditions of this Agreement;
OBLIGA TORY PROVISIONS PAGES
NOW, THEREFORE, BE [T RESOLVED that the City and Iron Mountain do hereby
mutually agree as follows:
1. Iron Mountain's Duties.
A. General Duties.
Iron Mountain shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
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6-5
E. Scope of Work and Schedule.
In the process of performing and delivering said "General Duties", Iron Mountain shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work
and Schedule", not inconsistent with the General Duties, according,tt>, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified
in Exhibit A, Paragraph 8, within the time frames set forth in exhibit A, Paragraph 8, time being
of the essence of this Agreement. The General Duties and the work and deliverables required in
the Scope of Work and Schedule shall be referred to in this Agreement as the "Defined
Services". Failure to complete the Defined Services by the times indicated does not, except at the
option ofthe City, operate to terminate this Agreement.
C. Reductions in Scope of Work.
City may independently, or upon request from Iron Mountain, from time to time reduce
the Defined Services to be perfonned by the Iron Mountain under this Agreement. Upon doing
so, City and Iron Mountain agree to meet in good faith and confer for the purpose of negotiating
a cOlTesponding reduction in the compensation associated with the reduction in services.
D. Additional Services.
In addition to perfom1ing the Defined Services set forth in this Agreement, City may
require Iron Mountain to perform additional services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Iron Mountain, Iron Mountain shall perform the additional services on a time and
materials basis at the rates set fOlih in the "Rate Schedule" in Exhibit A, Paragraph 11 (C),
unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
In the event that City issues a purchase order to Iron Mountain covering the services
provided under this Agreement, any terms and conditions set forth in this purchase order which
constitute terms and conditions which are in addition to those set forth in this Agreement or
which establish conflicting terms and conditions to those set forth in this Agreement are
expressly rejected by Iron Mountain.
E. Standard of Care.
Iron Mountain, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care and
skill ordinarily exercised by members of its profession currently practicing under similar
conditions and in similar locations.
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F. Insurance.
Iron Mountain must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the products and materials supplied to the
City of Chula Vista. The insurance must be maintained for the duration of the contract. The cost
of such insurance shall be borne by Iron Mountain.
(1) Minimum Scope of Insurance.
Coverage must be at least as broad as:
a. Insurance Services Otlice Commercial General Liability coverage
(occurrence FOtm CGOOO I).
(2) Minimum Limits of Insurance..
Iron Mountain must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, the general aggregate limit must be
twice the required occurrence limit.
Dedllctibles and Self-Illsllred Retelltions.
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or
self-insured retentions as they peliain to the City, its officers, officials, employees and
volunteers; or Iron Mountain will provide a financial guarantee satisfactory to the City
guaranteeing payment oflosses and related investigations, claim administration, and defense
expenses.
Other I nSllrance Provisions.
The general liability policy shall contain, or be endorsed to contain, the following
provisions:
a. The City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect
to liability arising out of products or materials of Iron Mountain.
The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (I 1/85) or its equivalent. Specifically, the
endorsement must not exclude Products / Completed Operations
coverage, and must not be contingent upon "contract".
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6-7
b. For any claims related to a product, Iron Mountain's insurance
coverage must be primary insurance as it pertains to the City, its
officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is Wholly separate from the
insurance of the contractor and in no way relieves Iron Mountain
from its responsibility to provide insurance.
c. Each insurance policy required by this clause must be endorsed to
state that coverage will not be canceled by either party, except
after thirty (30) days' prior written notice to the City by certified
mail, return receipt requested.
(3) Acceptability of Insurers.
Insurance is to be placed with licensed insurers admitted to transact business in
the State of Cali fomi a with a CUlTent A.M. Best's rating of no less than A V. Ifinsurance is
placed with a Surplus Lines insurer, insurer must be listed on the State of Califomia List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than B+ X.
Exception may be made for the State Compensation Fund when not specifically rated.
(4) Verification of Coverage.
Iron Mountain must fumish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those fOlms conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
G. Proof oflnsurance Coverage.
(1) Certificates oflnsurance.
Iron Mountain shall demonstrate proof of coverage required by this Agreement,
prior to the commencement of services required by this Agreement, by delivery of Certificates of
Insurance demonstrating proof of coverage, and further indicating that the policies may not be
canceled without at Jeast thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Iron Mountain's Commercial General Liability
Insurance Policy, Iron Mountain shall deliver a policy endorsement to the City demonstrating
coverage, which shall be reviewed and approved by the Risk Manager.
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H. Business License.
Iron Mountain agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. puties of the City.
A. Consultation and Cooperation.
City shall regularly consult Iron Mountain for the purpose of reviewing the progress of
the Defined Services and Schedule contained in this Agreement, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall permit access to its office
facilities, files and records by Iron Mountain throughout the telm of the Agreement.
Additionally, City agrees to provide the information, data, items and materials set forth on
Exhibit A, Paragraph 10 with the understanding that delay in the provision of these materials
beyond thirty (30) days after authorization to proceed shall constitute a basis for the justifiable
delay in Iron Mountain's performance of this Agreement.
B. Compensation.
All billings submitted by Iron Mountain shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18
(C) to be charged upon making such payment.
3. Administration of Contract.
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as that party's contract administrator who is authorized by the party to represent
them in the routine administration ofthis Agreement.
4. Term.
This Agreement shall terminate when the parties have complied with all executory
provisions contained in this Agreement.
5. Financial Interests ofIron Mountain.
Iron Mountain is not designated as an FPPC Filer. Nevertheless, Iron Mountain agrees it
shall not make, or participate in making or in any way attempt to use Iron Mountain's position to
influence a governmental decision in which Iron Mountain knows or has reason to know Iron
Mountain has a financial interest other than the compensation promised by this Agreement.
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6-9
6. Hold Harmless.
Iron Mountain shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attomeys fees) arising ou; of or alleged by third
parties to be the result ofthe negligent acts, errors or omissions or the wiIlful misconduct of the
Iron Mountain, and Iron Mountain's employees, subcontractors or other persons, agencies or
firms for whom Iron Mountain is legally responsible in connection with the execution ofthe
work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers and employees. Also covered is liability arising trom,
connected with, caused by or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Iron Mountain, its employees, agents or
officers, or any third party.
Iron Mountain's indemnification shaIl include any and all costs, expenses, attorneys fees
and liability incuned by the City, its officers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Iron Mountain's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Iron Mountain. Iron
Mountain's obligations under this Section shall survive the termination of this Agreement.
The foregoing indenmification shall not affect or limit the limitation on Iron Mountain's
liability in the event of loss or destruction of, or damage to, Stored Materials as set forth in this
Agreement.
7. Termination of Agreement for Cause.
If, through any cause, Iron Mountain fails to fulfill in a timely and proper manner Iron
Mountain's obligations under this Agreement, or ifJron Mountain violates any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Iron Mountain of such termination and specifying the
effective date of the termination at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials prepared by
Iron Mountain shall, at the option of the City, become the property of the City, and Iron
Mountain shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Tem1ination, not to exceed the amounts payable pursuant to this Agreement, and less any
damages caused City by Iron Mountain's breach.
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6-10
8. E1Tors and Omissions.
In the event that the City Administrator determines that the Iron Mountains' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such neglige(!ce, en'ors, omissions, Iron
Mountain shall reimburse City for any additional expenses incurred by the City. Nothing in this
Agreement is intended to limit City's rights under other provisions of this Agreement.
9. Telmination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Iron Mountain of such termination and specifying the effective date of the
termination, at least thirty (30) days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described in this Agreement shall, at
the option oftbe City, become City's sole and exclusive property. If the Agreement is terminated
by City as provided in tbis paragraph, Iron Mountain shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials to the effective date of such termination. Iron Mountain expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth in this
Agreement.
10. Assignability.
The services ofIron Mountain are personal to the City, and Iron Mountain shall not
assign any interest in this Agreement, and shall not transfer any interest in this Agreement
(whether by assignment or novation), without prior written consent of City.
II. Independent Contractor.
City is interested only in the results obtained and Iron Mountain shall perfom1 as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Iron Mountain's
work products. Iron Mountain and any of the Iron Mountain's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and shall
not be deemed to be an employee of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not
withhold state or federal income tax, social security tax or any other payroll tax, and Iron
Mountain shall be solely responsible for the payment of same and shall hold the City harmless
with re gard thereto.
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12. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set fmih in Chapter 1.34 of the Chula Vista Municipal
Code, as it may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth in this Agreement, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Iron Mountain shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to ajudgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
14. Statement of Costs.
In the event that Iron Mountain prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Iron Mountain shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts 'and subcontracts relating to the preparation of the report or
document.
IS. Miscellaneous.
A. Iron Mountain Not AuthOlized to Represent City.
Unless specifically authorized in writing by City, Iron Mountain shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices.
All notices, demands or requests provided for or permitted to he given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or. served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified in this Agreement as the places of business for each of the
designated parties.
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6-12
C. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated in
this Agreement, embody the entire Agreement and understanding between tbe parties relating to
the subject matter of the Agreement. Neither this Agreement nor an,. provision of this
Agreement may be amended, modified, waived or discharged except by an instrument in writing
executed by tbe party against which enforcement of such amendment, wai ver or discharge is
sought.
D. Capacity of Parties.
Each signatory and party to the Agreement warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
E. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and
performance under this Agreement, shall be the City ofChula Vista.
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SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
IN WITNESS WHEREOF, City and Iron Mountain have executed this Agreement
thereby indicating that they have read and understand this Agreement, and indicate their full and
complete consent to its terms:
,200_
City ofChula Vista
Dated:
By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,200_
By:
name of person, title]
/%~IfC!-r vfCE-hEcP/.wF
fJ/7,;bi/
By:
[name of person, title]
Exhibit List to Agreement
() Exhibit A.
Page 10
6-14
EXHIBIT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation ofthe State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 Fomth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5041
4. Iron Mountain:
5. Business FOffi1 ofIron Mountain:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number ofIron Mountain:
6935 Flanders Drive
San Diego, California 92121
V oice Phone (858) 404- 1607
Fax Phone (858) 455-7125
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7. General Duties:
Iron Mountain will provide removal, storage, shredding and retrieval services for City
documents prepared in the normal course of business and retained pursuant to the Public Records
Act (Government Code section 6250, et seq.) and other applicable l;lws.
8. Scope of WDrk and Schedule:
A. Detailed SCDpe DfWDrk:
Iron MDuntain Duties:
(1) IrDn MDuntain agrees that it will retrieve all StDred Material frDm City's
CUlTent stDrage prDvider's facilities at nD CDst tD City. IrDn MDuntain will replace damaged boxes
Dfany material retrieved from the City's current provider. City will reimburse Iron Mountain fDr
the actual costs Dfreplacement boxes at the Rate set forth in Schedule A.
(2) SERVICES TO BE PROVIDED BY IRON MOUNTAIN.
a. Pick-up and Delivery Df Stored Material;
b. Provides Barcodes, Pick-up and Delivery service and shelving of
containers;
c. Safe and secure stDrage fDr City records at IrDn MDuntain's
facilities;
I. From and after the date Dfthis Agreement fDr a period
of five years, unless modified or tem1inated, Iron
Mountain shall stDre and service City's records
identified on the attached Schedules ("Stored
Material"). City and IrDn MDuntain may modify Dr add
to the recDrd materials included in the Schedule of
Stored Materials by written agreement. Such additional
materials shall, unless otherwise indicated in writing,
be deemed to be held under the same terms and
conditiDns as the Stored Materials.
11. Stored Material and information contained in Stored
Material shall be delivered only to City's Authorized
Representative(s) identified on the signature card. City
represents that the Authorized Representative(s)
has/have full authority to order any service fDr or
removal of the Stored Material and tD deliver and
receive such materials. Such order may be given by fax
or e-mail.
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111. When Stored Materials are ordered out, Iron Mountain
shall be given a reasonable time to carry out the
instructions of the City, and if it is unable to do so (or
to provide other services contemplated by this
Agreement) because of actS of God or public enemy,
seizure or legal process, natural disasters, strikes,
lockouts, riots and civil commotions, or other reasons
beyond Iron Mountain's control or because ofloss or
destruction of goods for which Iron Mountain is not
liable, or because of any other excuse provided by law,
Iron Mountain shall not be liable for failure to CatTY out
such instructions or services.
IV. Authorized representatives of City shall have the right,
at reasonable times and upon reasonable notice, to
examine the media and/or records and compilations of
Iron Mountain, which pertain to the performance of the
provisions of the Agreement.
v. Iron Mountain agrees it will replace or restore damaged
cartons at no cost.
d. Retrieval of records upon the City's request with retrieval delivery
to City's offices next business day;
e. Upon request, expedited retrieval delivery to the designated City
office. A Rush Service Fee will be charged for this service. See
Schedule A.
1. City will provide Iron Mountain with written requests
for Rush orders by fax or email. The written
notification will indicate the date and time of the Rush
request. If Iron Mountain fails to deliver the Stored
Material in the time frame set forth in Schedule A, any
applicable Rush fees will be waived.
f. Additional bar codes for future containers and a printout of
containers in storage upon request;
g. Upon advance notice, an onsite viewing room at Iron Mountain's
facility where access to copiers and fax will be provided; and,
h. Certified confidential destruction services, upon receiving written
authorization from City.
Page ] 3
6-17
1. In the event that Stored Materials are inadvertently removed ii.om
boxes, either due to damage to the boxes or spillage and/or mixed
with materials belonging to another Agency or business, Iron
Mountain will notify City and the other party so that the City may
be present when Stored Materials are ~eviewed and repacked to
prevent disclosure of any confidential infomlation to third parties.
(3) DESTRUCTION OF RECORDS.
Iron Mountain may destroy Stored Material upon written instruction from the
City or its Authorized Representative. Destruction of Stored Materials shall be at the City's cost
and expense. The City releases Iron Mountain from any and all liability by reason of the
destruction of such Stored Material pursuant to such authority.
Iron Mountain understands and agrees that Stored Materials are public records
pursuant to the California Public Records Act. As such, the Stored Materials may be required to
be produced pursuant to a public records request or a civil or criminal subpoena. Should Stored
Material be lost or destroyed due to the conduct or actions of Iron Mountain, whether purposeful,
negligent or willful, Iron Mountain agrees to:
a. Reimburse City for any costs related to recreating, to the extent
possible, the records. Such costs include, but are not limited to,
reconstruction or reproducing lost or destroyed records.
b. Provide a declaration, signed under penalty of perjury, indicating
that the loss of subpoenaed records occurred while the Stored
Material was in the custody and control ofIron Mountain.
c. Be available to testify as to the authenticity and accuracy of the
declaration prepared pursuant to section 3, if required by a court of
competent jurisdiction.
Limitation of Liability (Shredding Services). Iron Mountain shall be responsible
or liable for the release or loss of any materials deposited in bins or otherwise delivered to it for
shredding if the release or loss is due to Iron Mountain's negligence or willful misconduct.
Destruction of Deposits. City releases Iron Mountain from all liability that may
arise by reason of the destruction of Stored Materials when the destruction is performed pursuant
to the City's written direction. Except for those Deposits that City specifically identifies in
writing as not containing consumer information (as defined in 16 CFR Ii 682. I) or personal data,
all other Stored Material will be destroyed by shredding, except for media that may be destroyed
by pulverizing or incineration. Each such destruction shall be at the rates set forth in Schedule A.
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(4) RESTRICTIONS ON STORED MATERIAL; CUSTOMER PREMISES.
City shall not store with Iron Mountain nor deliver to Iron Mountain for secure
shredding any material that is highly flammable, explosive, toxic, radioactive, medical waste,
organic material which may attract vermin or insects, or otherwise dangerous or unsafe to store
or handle, or any material which is regulated under any federal or state law or regulation relating
to the environment or hazardous materials. City shall not store negotiable instruments, jewelry,
check stock or other items that have intrinsic value. All City's premises where Iron Mountain's
employees perfom1 services or make deliveries hereunder shall be free of hazardous substances
and any other hazardous or dangerous conditions.
(5) SIGNATURE CARD.
Iron Mountain shall provide City with a signature card to be signed by all persons
authorized to access City's records. Only those persons named on the signature card will be
authorized to access City's records. It is City's sole responsibility to have the signature card
signed by all authorized persons and returned to Iron Mountain. It is City's sole responsibility to
notify Iron Mountain, in writing, of any changes to the list of persons authorized to access City's
records.
(6) GOVERNMENTAL ORDERS.
Iron Mountain is authorized to comply with any subpoena or similar order related
to the Stored Materials provided that Iron Mountain notifies City promptly upon receipt of any
subpoena or order, unless such notice is prohibited by law. City shall pay Iron Mountain's
applicable charges set forth in a Schedule(s) for such compliance. Iron Mountain will cooperate
with City's efforts to quash or limit any subpoena, at City's expense.
B. Date for Commencement ofIron Mountain Services:
(X) Same as Effective Date of Agreement
( ) Other:
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liabi[ity Insurance coverage: $[,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
10. Materials Required to be Supplied by City to Iron Mountain:
None. Boxes are to be stored as required.
Page 15
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1 ] . Compensation:
A. (X) Hourly Rate Arrangement:
For perfonnance of the Defined Services by Iron Mountain required by this Agreement,
City shall pay Iron Mountain for the productive hours of time spent by Iron Mountain in the
performance of the Defined Services, at the rates or amounts set forth in the Rate Schedule
attached as Exhibit B. Prices shall be firm for five years from the effective date ofthe
Agreement. Subsequent price increases shall be by mutual consent of the parties.
]2. Bill Processing:
A. Iron Mountain's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Iron Mountain's Billing:
(X) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
13. Contract Administrators:
City: Susan Bigelow, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5041
Iron Mountain: Don Souck
Iron Mountain Information Management, Inc.
6935 Flanders Drive
San Diego, CA 92121
Tel: (858) 404-1600
Exhibit A
Page 16
6-20
Schedule A for Secure Shredding
This Schedule A is made part of the Customer Agreement ("Agreement") Iron Mountain Infonnation
Management, Inc. (lron Mountain) and City ofChula Vista (City).
Effective Date
Customer Name
Customer Number
City ofChula Vista
S26]6
SECURE SHREDDING
Secure Shredding Initial Setup
The initial delivery and placement of secure shredding containers at a
Customer's site.
Description
Initial Setup. No Charge
Price Per
On-Site Shredding
Pricing is based on a per container per transaction service.
All confidential material is picked up from your location in locked
containers and shredded in our mobile secure shredding unit.
Shredding Schedule
Every 4 weeks
Description
Qty
]2
Price
Per
Security Consoles
Unscheduled Transportation Visits
$21.16
$25.00
console
Shredding Service Minimum
additional service fee
per unscheduled
transportation visit
shredding service
$75.00
Off-Site Shredding
Pricing is based on a per container per transaction service.
All confidential material is picked up from your location in locked
containers and transported in secure trucks to our shredding plant.
Shredding Schedule
Every 4 weeks
Page I 7
6-21
Description Qty Price Per
Security Consoles 12 $21.16
Unscheduled Transportation Visits $25.00 . additional servic~ fee
per unscheduled
transportation visit
Shredding Service Minimum $75.00 shredding service
Secure Shredding Miscellaneous Services
Description Price Per
Labor $45.00 hour
Shredding Service Minimum $75.00 shredding service
Transportation visits include one Iron Mountain employee. Additional
employees are charged per labor hour.
Services during nomal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
Unless specified in this Agreement, shredding pricing is for paper
shredding services only. Shredding of other media types will be quoted
on a per project basis.
Schedule A for Records Management Services
This Schedule A is made part ofthis Agreement ("Agreement") between Iron Mountain lnfomation
Management, Inc. ("Iron Mountain") and City ofChula Vista ("City").
Effective Date
District Name/Number
Customer Name
Customer Number
San Diego
City of ChuI. Vista.
SZ6I6
STORAGE
Secure space for the storage of deposits.
Description
Carton Storage
Price Per
$0.137 cubic foot
Storage Minimum
$75.00 month
Storage charges will be billed monthly in advance.
Page 18
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MANAGEMENT SERVICES
Services during nonna! business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays,
New deposits (receiving and entry) - The receipt of additional
Customer deposits resulting in an increase to the City storage balance.
Description
Carton
Price Per
$1.00 cllbic foot
Retrievals/RefiJes - The temporary retrieval of deposits from, or return
to, storage (Rush applies to retrievals only),
Description Price Per
Standard Carton $2,66 cubic fOOl
Standard File from Carton $3,89 file
Rush Carton $4.32 cubic foot
Rush File frem Carton $5,98 tile
Destruction - The preparation, documentation. and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
$3.11
$3,] ]
cubic foot plus retJie...al
cubic foot plus retrieval
Permanent Withdrawal- The preparation, documentation, and
pernoanent withdrawal of deposits that are stored at fron Mountain,
Description
Pemlanent Withdrawal
Price Per
$4.39 cubic foot plus retrieval
Waive fee if City stays with Iron Mountain for tlu"ee years or more.
Individual List - Data entry of file descriptions,
Description
Individual List
Price Per
$,30 file
Miscellaneous Services
Description
Service Minimum
Price Per
$5,00 hour
All other services, not specifically listed, will be charged at Iron
Mountain's then current rates,
Page I 9
6-23
TRANSPORT A nON
Delivery
Next Day
$] 0.20 per transportation visit, $].27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $1.27 per [cubic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 per transportation visit, $1.27per [cubic foot]
Delivery within 3 hours of request.
After HourslWeekeudslHo/idays
$81.60per transportation visit, 1.27 per [cubic foot]
DelivelY within 4 hours of request.
Pickup
Pickup/Oil Demand
$10.20 per transportation visit, $1.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 20
6-24
INITIAL TRANSFERlRECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry--":The pickup, transport and
receipt of City deposits establishing the initial storage balance. Initial
transfer/receiving and entry costs apply to the estimated initial volume
indicated below, transferred within (3) months of program
implementation.
Description
Carton Transfer - No Charge
Initial
Volume
Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 tile
Labor-Initial labor to replace damaged cartons or tiles.
Description
Labor
Initial
Volume
Price Per
$45.00 hour
Supplies/Cartons-Initial new supplies
Description
#2000 Letter/Legal
lnitial
Volume
Price Per
$2.10 each
Schedule A for Records Management Services
This Schedule A is made part of the Customer Agreement ("Agreement") between Iron Mountain
Information Management, Inc. ("Iron Mountain") and City of ChuIa Vista ("City").
Effective Date
District Name/Number
Customer Name
Customer Number
San Diego
City of Chula Vista.
SV334
Page 21
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VAULT STORAGE
Climate Control Secure space for the storage of vital deposits.
Description
Carton Storage
Price Per
$1.00 cubic foot
Storage Minimum
$85.00 month
Storage charges will be billed monthly in advance.
MANAGEMENT SERVICES
Services during normal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt of additional City
deposits resulting in an increase to the City storage balance.
Description
Carton
Price Per
$1.00 cubic foot
Retrievals/Refiles - The temporary retrieval of deposits from, or return
to, storage (Rush applies to retrievals only).
Description Price Per
Standard Carton $2.66 cubic foot
Standard File from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Carton $5.98 file
Destruction - The preparation, documentation, and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
cubic foot plus retrieval
cubic foot plus retrieval
$3.11
$3.11
Permanent Withdrawal- The preparation, documentation, and
permanent withdrawal of deposits that are stored at Iron Mountain.
Description
Permanent Withdrawal
Price Per
$4.39 cubic foot plus retrieval
Page 22
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Individual List - Data entry of file descriptions.
Description
lndividllal List
Price Per
$.30 file
Miscellaneous Services
Description
Labor
Service Minimum
Price Per
$45.00 hOllr
$5.00 hour
All other services, not specitically listed, will be charged at Iron
Mountain's then current rates.
TRANSPORTATION
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20.40per transportation visit, $ 1.27 per [cubic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 per transpOJ1ation visit, $1.27per [cubic foot]
Delivery within 3 hours of request.
After HourslWeekefldslHolidays
$81.60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Picku p
Pickup/On Demand
$10.20 per transportation visit, $l.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 23
6-27
INITIAL TRANSFER/RECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry~The pickup, transport and
receipt of Customer deposits establishing the initial storage balance.
Initial transfer/receiving and entry costs apply to the estimated initial
volume indicated below, transferred within (3) months of program
implementation.
Description
Carton Transfer. No Charge
Initial
Volume
Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 file
Labor-[nitiallabor to prepare cartons or files for transfer to storage.
Supplies/Cartons-Initial new supplies
Description
#2000 Letter/Legal
Initial
Volume
Price Per
$2.10 each
Page 24
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